New Delhi: The Delhi high court on Wednesday issued notice to the Centre and Delhi government on two separate petitions seeking registration of same sex marriages under the provisions of Special Marriage Act, 1954.
One of the pleas seeks directions that it be declared that the Special Marriage Act, 1954, applies to all regardless of gender and sexual orientation.
The matter will be next heard on 8 January.
“The SMA (Special Marriage Act) assumes that the parties to the marriage are an opposite sex couple...Therefore, while seeking to legislate on solemnization of all marriages outside of personal law, the SMA violates the principles of equality before the law and anti-discrimination in failing to ensure that the option to solemnise same sex marriages is part of the scheme of the Act,” the plea said.
Petitioners were represented by Senior Advocate Menaka Guruswami, Advocates Arundhati Katju, Govind Manoharan, and Surabhi Dhar.
“The purpose of marriage is not just to procreate. People get married for emotional support too and the petitioners today are demanding their basic rights - to be able to get insurance, a loan, buy a house together - things that cannot be done without marriage," senior advocate Maneka Guruswamy said.
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